§ 49-11-1207 — Postretirement reemployment -- Violations -- Penalties.

(1) (1)(a) If the office receives notice or learns of the reemployment of a retiree in violation of Section 49-11-1204 or 49-11-1205, the office shall:
(1)(a)(i) immediately cancel the retiree's retirement allowance;
(1)(a)(ii) keep the retiree's retirement allowance cancelled for the remainder of the calendar year if the reemployment with a participating employer exceeded the limitation under Subsection 49-11-1205(1)(a)(iv), (3)(b), or (4)(b); and
(1)(a)(iii) recover any overpayment resulting from the violation in accordance with the provisions of Section 49-11-607 before the allowance may be reinstated.
(1)(b) Reinstatement of an allowance following cancellation for a violation under this section is subject to the procedures and provisions under Section 49-11-1204.
(2) If a retiree or participating employer failed to report reemployment in violation of Section 49-11-1206, the retiree, participating employer, or both, who are found to be responsible for the failure to report, are liable to the office for the amount of any overpayment resulting from the violation.
(3) A participating employer is liable to the office for a payment or failure to make a payment in violation of this part.
(4) If a participating employer fails to notify the office in accordance with Section 49-11-1206, the participating employer is immediately subject to a compliance audit by the office.

Legislative History

Amended by Chapter 405, 2024 General Session